Recognition and enforcement of foreign child support orders : a comparative analysis of Eritrean and South African law

Abstract

Recognition and enforcement of foreign child support orders are characterised by persistent difficulties because, in most cases, child support orders are required to be re-evaluated over time because of changed circumstances. On the other hand, the Transitional Civil Procedure Code of Eritrea (TCPCE hereinafter) imposes requirements before foreign judgments are recognised and enforced. This study investigates the requirements under the TCPCE vis-à-vis effective recognition and enforcement of foreign child support orders. The method employed is a comparative analysis between Eritrean and South African law as well as the Hague Convention of 2007. The writer argues that some of the requirements under the TCPCE are hindrances for effective recognition and enforcement of foreign child support orders because they contradict with some features of child support orders. In specific circumstances, the domestic enforcement mechanisms also have lacunas. Hence, recognition and enforcement of foreign child support orders under the TCPCE are problematic.